Bittu Praveen @ Praveen Kumar vs The Circle Executive Magistrate ...
2023 Latest Caselaw 3379 Mad

                                                                                Crl.R.C.No.575 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 29.03.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                             CRL.R.C.NO.575 OF 2023
                                           AND CRL.M.P.NO.4312 OF 2023


                    Bittu Praveen @ Praveen Kumar                              ... Petitioner


                                                           Vs.

                    State Rep. By

                    1.The Circle Executive Magistrate cum Tahsildhar
                      Coimbatore North,
                      Coimbatore.

                    2.The Inspector of Police
                      Periyanayakanpalayam Police Station
                      Coimbatore District.                                    ... Respondents


                    PRAYER: Criminal Revision Case filed under section 397 r/w 401 of
                    Criminal Procedure Code to set aside the order passed in
                    Na.Ka.No.332/2023/B1 in S.No.231/2022 under Section 110 Cr.P.C. In
                    Periyanayakanpalayam Police Station, Crime No.34/2023 dated
                    30.01.2023 on the file of the 1st respondent.


                                     For Petitioner  ...     Mr.T.Muruganantham
                                     For Respondents ...     Mr.R.Vinothraja
                                                             Government Advocate (Crl.Side)

                    1/6
https://www.mhc.tn.gov.in/judis
                                                                                   Crl.R.C.No.575 of 2023


                                                          ORDER

Challenging the order dated 30.01.2023 passed under Section

122 (1)(b) of Criminal Procedure Code in Na.Ka.No.332/2023/B1, in

S.No.231/2022 under Section 110 Cr.P.C. in Periyanayakanpalayam

Police Station, Crime No.34/2023, by the first respondent, this Criminal

Revision is filed by the petitioner.

2.The learned counsel for the petitioner would submit that the

first respondent passed an order vide Proceedings in

Na.Ka.No.332/2023/B1, dated 30.01.2023, under Section 122(1)(b)

Cr.P.C and remanded the petitioner till 22.11.2023. This impugned order

is unsustainable, in view of the order of the Division Bench of this Court in

P.SATHISH @ SATHISH KUMAR AND OTHERS VS. THE STATE

REP. BY THE INSPECTOR OF POLICE AND OTHERS [CRL.R.C.

NO.137 OF 2018 AND ETC., BATCH CASES, DECIDED ON

13.03.2023]. Therefore, he seeks to set aside the impugned order passed

by the first respondent.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.575 of 2023

3.The learned Government Advocate (Criminal Side)

appearing for the respondents fairly conceded that the first respondent is

not the competent authority to pass an order under Section 122(1)(b)

Cr.P.C.

4.I have considered the matter in the light of submissions of

the learned counsel for the petitioner and the respondents.

5.On perusal of the records and the impugned order, it reveals

that the first respondent in pursuance of the complaint given by the second

respondent, Inspector of Police, Periyanayakanpalayam Police Station,

Coimbatore District, has proceeded to initiate proceedings against the

petitioner under Section 110 Cr.P.C and directed to execute the bond with

two sureties. Since the petitioner has violated the bond executed before the

Executive Magistrate, the first respondent proceeded against him further

under Section 122(1)(b) Cr.P.C and finally ordered to remand him till

22.11.2023. The impugned order dated 30.01.2023 passed under Section

122 (1)(b) of Criminal Procedure Code in Na.Ka.No.332/2023/B1 in

S.No.231/2022, is unsustainable, in view of the order of the Division

https://www.mhc.tn.gov.in/judis Crl.R.C.No.575 of 2023

Bench of this Court in P.SATHISH @ SATHISH KUMAR CASE (cited

supra) wherein, in paragraph 80 (e), this Court, relied on a judgment of

the Hon'ble Supreme Court in GULAM ABBAS VS STATE OF UTTAR

PRADESH] [1982) 1 SCC 71] has held as follows:

“80 (e) In the light of the law laid down in

paragraph 24 of the three judge bench decision

of the Supreme Court in Gulam Abbas Vs State

of Uttar Pradesh (1982) 1 SCC 71, an Executive

Magistrate cannot authorize imprisonment under

Section 123(1)(b) for violation of a bond under

Section 107 Cr.P.C. A person who has violated

the bond executed before the Executive

Magistrate under the said provision will have to

be challenged or prosecuted before the Judicial

Magistrate for inquiry and punishment under

Section 122(1)(b)Cr.P.C”

https://www.mhc.tn.gov.in/judis Crl.R.C.No.575 of 2023

6.In the light of the above, this Court is of the considered view

that the first respondent is not the competent authority to impose any

punishment under Section 122(1)(b)Cr.P.C. Therefore, the impugned

order passed by the first respondent is set aside and the Criminal Revision

Case is allowed. No costs. Consequently, connected miscellaneous petition

is closed.

                                                                                       29.03.2023

                    Internet    : Yes/No
                    Speaking / Non-speaking order

Note : Issue order copy on 31.03.2023.

TK

To

1.The Circle Executive Magistrate cum Tahsildhar Coimbatore North, Coimbatore.

2.The Inspector of Police Periyanayakanpalayam Police Station Coimbatore District.

3.The Superintendent Central Prison, Coimbatore.

4.The Public Prosecutor High Court of Madras Chennai – 600 104.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.575 of 2023

V.SIVAGNANAM, J.

TK

CRL.R.C.NO.575 OF 2023 AND CRL.M.P.NO.4312 OF 2023

29.03.2023

https://www.mhc.tn.gov.in/judis